HEALTH AND SAFETY AT WORK. Accident Investigation: Evidence Preservation & Presentation

Transcription

1 HEALTH AND SAFETY AT WORK Accident Investigation: Evidence Preservation & Presentation

2 Accident Investigation: Evidence Preservation & Presentation An accident can be commonly defined as: an undesired, uncontrolled or unplanned event; from the action of an object/substance; & resulting in loss (i.e. harm or damage) An accident investigation should be impartial and objective and aim: to identify the immediate & underlying causes; to rectify failures and prevent a recurrence; and not to apportion blame or to criticise. An investigation can also: confirm or deny that you re operating within the law. 2

3 Pre-Investigation Accurate information is essential, so if at home, pause before you go as adrenaline and memory don t mix. Consider the following: Seriousness, do I need to go? (A fatality, always yes but speak to the Manager involved to assess situation.) Safety - is it safe to go? (i.e. weather, fit to drive, etc.) Check what you need, (i.e. PPE, camera, pad & pen, measuring tape, phone & charger, voice recorder etc.) Contact other members of investigation team, PR or Media officer, company lawyers & insurers, HR Manager (family support) to identify you as the point of contact. Remind those at the scene to check that the site is safe & secure, move as little as possible, that first aiders & the emergency services attended & the hospital name. 3

4 On Arrival, Contact HSE if required and then obtain: the entry in the accident book ; any photographs, images, sketches of accident site; copies of relevant training records, authorisation & Permits to Work, SSoW/SOP, risk assessments, etc; details of machinery involved, i.e. manufacturers name, serial number(s), guard/gauge settings, maintenance etc surplus chemical (and containers) & Safety Data Sheets; the names of eye/other witnesses and any statements. NB. Take at least 2 copies of all records. 4

5 Copies of Records etc. Police & HSE each will request originals or copies. Ensure that all requests go through a single point (you?) and that you retain a copy for yourself. Privilege documents cannot be removed. If unsure contact company lawyer. (NB. Investigations on behalf of lawyers can generate privilege documents but check with lawyer.) Security Keep all records secure. 5

6 CCTV Camera Evidence & Data Protection Following an accident check with Security if the location is covered by one or more security cameras. If yes, arrange to view the camera record(s) as soon as possible after the event to see if there is evidence relating to the accident. If yes, secure the evidence by making at least 2 copies of the appropriate segment of the camera record. NB. These images are covered by the Data Protection legislation and must be kept securely. 6

7 Eye Witness & Other Witness Statements Interview those directly involved in the accident, or those with relevant information, as soon as possible. It is well known that the passage of time leads to: facts becoming distorted; witnesses possibly influencing each other; those involved becoming concerned about personal incrimination and/or the involvement of outside bodies. However, expressions of sympathy are humane comments & not admissions of guilt. 7

8 Advise all witnesses that: they are welcome to ask a colleague to sit in; your questions are designed to find out what happened; you ll not comment on their answers other than to ask for clarification; you ll provide them with a written copy of the interview; & they may be interviewed by the HSE and police depending on circumstances. [NB. Advise then that the HSE & police will view them as witnesses or suspects and, if interviewed under caution, they should consider having a legal representative other than the company s lawyer present.] 8

9 Injured Person / Witness Interviews Questions to ask include: What were you doing? Were you trained for the job? What is the safe procedure for this task? How do you think the accident happened? Do you think the accident could have been avoided? If so, how? Question to avoid (as they imply blame) Didn t you know.? and Why didn t you know..? 9

10 The IP/Witness interviews need to identify: Where, when & how did the accident happen? What was being done at the time? Were the working conditions unusual or did the organisation of the work influence the accident? Did the workplace layout, equipment, safety equipment or materials being used influence the accident? Who was injured, or involved and what were the injuries? So as to determine: Were the equipment & facilities suitable? Was the injured person trained & competent? Was the SSoW suitable, being followed & supervised? Was the risk properly identified & adequately controlled? 10

11 HSE Publications that may be of assistance: HSG 245 Investigating Accidents and Incidents INDG 355 Reduce Risks, Cut Costs 11

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